When issues that arise during pregnancy or childbirth are not properly addressed, they can profoundly impact a newborn's well-being. Specifically, if a doctor fails to manage complications, they can cause birth injuries such as cerebral palsy and hypoxia that have the potential to lead to severe physical and mental developmental delays in infants. Parents have the right to expect that their treatment providers will protect the health of their infants during gestation and birth, and if they fail to do so, it may be grounds for pursuing damages in a birth injury lawsuit. If you believe that your baby is experiencing global developmental delays due to harm sustained during pregnancy or delivery, it is advisable to speak to an attorney about your potential claims. The Baltimore birth injury attorneys of the Arfaa Law Group understand the complexities surrounding birth injury cases, and if you engage our services, we will work tirelessly to help you pursue a just outcome.
Global Developmental Delays Caused by Birth InjuriesGlobal developmental delays can stem from birth injuries that occur during the labor and delivery process. For example, conditions like hypoxic-ischemic encephalopathy, which causes insufficient oxygen and blood flow during birth, can lead to brain damage that impacts a child’s cognitive and physical development. Similarly, the improper use of instruments, like forceps or vacuum extraction, and compression or entanglement of the umbilical cord can interrupt the supply of oxygen to an infant, which can result in brain damage that impedes a child’s development. Premature birth, infections, sepsis, intracranial hemorrhage, and cerebral palsy are often linked to global developmental delays as well.
Elements of a Lawsuit Arising out of Global Developmental DelaysWhen negligence or medical errors during childbirth cause birth injuries that ultimately result in global development delays, parents may choose to seek accountability and compensation for their child's developmental challenges via birth injury lawsuits.
In a birth injury case, the plaintiff usually must demonstrate the defendant’s negligence in order to recover damages. First, the plaintiff must establish that the defendant had a duty to comply with the applicable standard of care. This duty of care is typically defined as the care a reasonable professional would provide in the same situation in the community in which the defendant practices. Secondly, the plaintiff needs to show that the defendant breached this duty in some way. The breach could involve actions contrary to accepted medical practices or a failure to adhere to established protocols.
The third element is causation, which means the plaintiff must establish a direct link between the defendant’s breach of duty and the resulting harm or injury. This requires demonstrating that the defendant’s behavior was a substantial factor in causing the harm and that the harm was a foreseeable consequence of the negligence. Finally, the plaintiff must prove damages. In other words, they must show actual harm or injury suffered as a result of the defendant’s negligence. Expert testimony is usually required to establish the standard of care and to demonstrate that the defendant breached the standard, thereby causing the plaintiff harm.
If the plaintiff successfully establishes the defendant’s negligence, they may be eligible to recover various damages that aim to restore the plaintiff to the state they would have been in had the birth injury not occurred. This may include economic damages such as medical expenses, lost wages, and rehabilitation costs. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, address the more intangible losses experienced by the plaintiff.
Consult a Knowledgeable Baltimore Birth Injury AttorneyBirth injuries can cause numerous detriments, including global developmental delays, and in many cases, the birth injuries that cause such harm are the direct result of careless medical mistakes. If you think that your child’s global developmental delays are the result of a healthcare provider’s negligence, you should consult a lawyer to determine your rights. The knowledgeable Baltimore birth injury lawyers of Arfaa Law Group understand what it takes to prevail in claims against careless doctors, and if we represent you, we will fight to help you seek the results you deserve. We have an office in Baltimore, and we routinely represent people in birth injury cases throughout the city. You can reach us through our form online or at (410) 889-1850 to arrange a meeting.